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(영문) 대구지방법원서부지원 2016.04.08 2015가합961

손해배상(기)

Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from January 20, 2012 to April 8, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a community credit cooperative established pursuant to the Community Credit Cooperatives Act that performs the business of lending funds, etc., and the Defendant is a local government that performs the business of issuing certificates of seal imprint as part

B. Loan contracts between the Plaintiff and A and registration of the establishment of a neighboring mortgage

(1) On January 19, 2012, “A” filed an application with the Plaintiff for a loan of one billion won as security against the Yeonsu-gu Incheon Metropolitan City 4,426 square meters and D 4,239 square meters (hereinafter “instant land”).

B. Meanwhile, on January 19, 2012, F, the secretary of a certified judicial scrivener E, applied for registration of the establishment of a right to collateral security with respect to the instant land along with a forged registration certificate and a certificate of the personal seal impression in the name B, etc. on the part of the Plaintiff. Accordingly, the registration of the establishment of a right to collateral security with respect to the instant land was completed from January 19, 2012 to 30 years from January 19, 2012 (hereinafter referred to as “registration of the establishment of a right to collateral security”) with respect to the establishment of a right to collateral security with respect to the instant land as the maximum debt amount of 1.5 billion won.

Article 25(1) of the Civil Act provides that “The Plaintiff shall make a loan to A, on January 20, 2012, KRW 1 billion as collateral.”

(hereinafter “instant loan agreement”). C.

The registration process of the establishment of the neighboring mortgage of this case

(1) However, the establishment registration of the instant neighboring land owned by B was completed on the basis of the forged mortgage agreement and the loan agreement as follows.

Do. Dor, A, etc. forged the resident registration certificates in the name of B, the owner of the instant land, and committed as if one of the co-offender was the owner B, and conspired to establish a false mortgage on the instant land to the Plaintiff and to use it by borrowing one billion won as collateral.

Fidelity. On January 17, 2012, a person who misrepresented B among the accomplices (hereinafter referred to as “person in secret name”) is the Defendant’s position.

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